APHC010215322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11708/2026 Between: 1. DEGA SURESH, S/O.ANJANEYULU , AGE 45 YEARS ,14- 263,CHURCH STREET, EAST GUDUR,GUDUR,SPSRNELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.522238 2. THE GUDUR MUNICIPALITY, REP.BY ITS COMMISSIONER,NELLORE, SPSR NELLORE DISTRICT.524101 3. THE GUDUR MUNICIPALITY, REP.BY ITS EXECUTIVE ENGINEER (P.H), SPSR NELLORE DISTRICT.524101 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522238 ...RESPONDENT(S): Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: ORAL ORDER: Heard Smt. K. Devasri Roshan, learned Counsel for the Writ Petitioner, Sri M. Srinu Babu, learned Assistant Government Pleader for Municipal Administration and Urban Development, Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development and Sri G. Lakshmi Narayana, learned Standing Counsel for Municipalities. 2. In response to directions in Para Nos.3 to 5 of the Order of this Court dated 04.05.2026, Sri G. Lakshmi Narayana, learned Standing Counsel for Municipalities has submitted the Written Instructions furnished by the Commissioner, Gudur Municipality dated 05.05.2026. Copy of it is supplied to the Counsel for the Petitioner and the same is taken on record. 3. The relevant portion of the Written Instructions is usefully extracted hereunder: “It is further submitted that the role of the petitioner contractor commenced only after completion of the tender process and execution of the agreement for execution of the sanctioned work. As per the available records, no specific material is presently available with this office indicating direct involvement of the petitioner contractor in the administrative decision-making process relating to taking up of the said work. It is further submitted that since the petitioner is seeking refund/release of the deposit amounts, the respondent Municipality shall process and refund/release the eligible deposit amounts payable to the petitioner within a period of four (4) weeks, duly following the departmental procedure.” 4. The above extract would indicate that the Petitioner was not involved in the decision-making process as regards the award of the Tender. 5. Having taken note of this fact, the amount due to the Petitioner, i.e., Rs.2,46,000/- in the form of EMD, shall be refunded by the Respondent Municipality within a period of two (02) weeks from today. 6. The Respondents are directed to complete the entire administrative process, both inter-departmental and intra-departmental, by way of mutual cooperation and coordination, within a period of one (01) week from the date of uploading of the Order on the website of this Court and transfer the EMD amount to the bank account of the Writ Petitioner within one (01) week thereafter. 7. Writ Petitioner is directed to submit the bank account details to the Competent Authority within one (1) week from today for effective compliance. 8. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 06.05.2026 DSV 76 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11708/2026 06.05.2026 DSV HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No : WRIT PETITION NO: 11708/2026 PROCEEDING SHEET Sl. No DATE ORDER Office Note 06.05.2026 GRKP, J Writ Petition is allowed. (vide separate order) ___________ GRKP, J DSV